Title
Makati Shangri-La Hotel and Resort, Inc. vs. Harper
Case
G.R. No. 189998
Decision Date
Aug 29, 2012
A Norwegian guest was murdered in his Makati Shangri-La Hotel room; court ruled hotel negligent for inadequate security, awarding damages to heirs.
A

Case Digest (G.R. No. 189998)

Facts:

  • Parties and Context
    • Petitioner: Makati Shangri-La Hotel and Resort, Inc., owner-operator of a 5-star hotel in Makati City.
    • Respondents: Ellen Johanne Harper (widow), Jonathan Christopher Harper (son), and Rigoberto Gillera (authorized representative in the Philippines).
  • Murder of Christian Fredrik Harper
    • Christian Harper, a 30-year-old Norwegian national, checked into Room 1428 for a business trip; scheduled to check out on November 6, 1999.
    • At around 11:27 a.m. on November 6, hotel staff discovered Harper’s body bound with tape and rope; subsequent autopsy confirmed murder.
    • CCTV footage showed a woman entering the room at 12:17 a.m. and a Caucasian male at 2:48 a.m., both leaving before 6:00 a.m. Harper’s passport and credit cards were later used in a Glorietta jewelry store.
  • Procedural History
    • August 30, 2002: Respondents filed suit in RTC, alleging gross negligence in security under Article 2176, Civil Code.
    • October 25, 2005: RTC found the hotel liable; awarded ₱43,901,055.00 actual damages, ₱739,075.00 transport expenses, ₱250,000.00 attorney’s fees, plus costs.
    • October 21, 2009: CA affirmed with modification; increased actual/compensatory damages to ₱52,078,702.50, added ₱25,000.00 temperate damages, maintained attorney’s fees and costs.
    • August 29, 2012: Supreme Court granted review under G.R. No. 189998.

Issues:

  • Did respondents present competent evidence to prove heirship (widow and son of the deceased)?
  • Was petitioner’s negligence the proximate cause of Christian Harper’s death?
  • Was the proximate cause instead the victim’s own negligence?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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